Legal Wrangle - Episode 37 (Corporate Law)

2016-TIOL-39-SC-CX-LB

Tata Chemicals Ltd Vs CCE : SUPREME COURT OF INDIA (Dated: April 1, 2016)

CX– s.4 of CEA, 1944 - Valuation – Returnable packing - If an arrangement exists between the seller and the buyer of excisable goods for return of the packing materials (actual return not relevant) by the buyer to the seller, carrying an obligation on the seller to return the value of the packing materials to the buyer on such return, such value is not liable to be included in the assessable value of the finished product - Appellant has not succeeded in establishing, on the basis of the materials so placed, that such an arrangement of return of the packing materials of the gunny bags with the obligation on the part of the seller to refund the value thereof existed between the parties so as to enable the Bench to hold that in the present case the law laid down in Mahalakshmi Glass Works (P) Ltd. ( 2002-TIOL-511-SC-CX ) and Triveni Glass Ltd. ( 2005-TIOL-32-SC-CX-LB ) would apply – Appeals dismissed: Supreme Court [para 4, 5, 6, 8]

Appeals dismissed

2016-TIOL-714-HC-DEL-ST + Story

Disha Securities And Manpower Pvt Ltd Vs ACST : DELHI HIGH COURT ( Dated: April 5, 2016 )

ST VCES, 2013 " Rule 6 of ST VCES Rules, 2013 - Rule 6(2A) of STR, 1994 - Date on which the Petitioner deposited the cheque for the requisite amount in the designated bank should be taken to be the date of payment and not the date on which the cheque was encashed in the account of the Government of India" Respondents directed to pass the necessary orders issuing a declaration in favour of the Petitioner under the VCES 2013 within two weeks: High Court [para 6, 13, 14]

Petition disposed of

CIRCULAR

excircular1023

CBEC issues detailed Circular on adjudication of SCNs issued on basis of CERA / CRA objection

INSTRUCTION

F. No. 528/15/2016-STO (TU)

Clarification on availability of benefit under Notification No. 151/94-Cus dated 13.07.1994 - reg